Change 1 Article Choose an article Title and introductory text 1 The Marine Management Organisation 2 General objective 3 Performance 4 Licensing of fishing boats 5 Restrictions on time spent at sea: appeals 6 Trans-shipment licences for vessels 7 Regulations supplementary to sections 4 and 4A 8 Exemptions for operations for scientific and other purposes 9 Licences to kill or take seals 10 Wildlife and Countryside Act 1981 11 Sea Fisheries (Wildlife Conservation) Act 1992 12 Certain consents under section 36 of the Electricity Act 1989 13 Safety zones: functions under section 95 of the Energy Act 2004 14 Agreements between the Secretary of State and the MMO 15 Agreements between the MMO and eligible bodies 16 Eligible bodies 17 Non-delegable functions 18 Maximum duration of agreement 19 Particular powers 20 Agreements with certain harbour authorities 21 Supplementary provisions with respect to agreements 22 Interpretation of this Chapter 23 MMO's role in relation to applications for development consent 24 Research 25 Advice, assistance and training facilities 26 Provision of information etc 27 Power to charge for services 28 Provision of information by the MMO to the Secretary of State 29 Power to bring proceedings 30 Continuation of certain existing prosecutions 31 Incidental powers 32 Grants 33 Borrowing powers 34 Limit on borrowing 35 Government loans 36 Government guarantees 37 Directions by the Secretary of State 38 Guidance by the Secretary of State 39 Transfer schemes 40 Interim arrangements 41 Exclusive economic zone 42 UK marine area 43 Welsh zone 44 Marine policy statement 45 Preparation and coming into effect of statement 46 Review of statement 47 Amendment of statement 48 Withdrawal of, or from, statement 49 Marine planning regions 50 Marine plan authorities 51 Marine plans for marine plan areas 52 Amendment of marine plan 53 Withdrawal of marine plan 54 Duty to keep relevant matters under review 55 Delegation of functions relating to marine plans 56 Directions under section 55: supplementary provisions 57 Directions to public bodies as regards performance of delegated functions 58 Decisions affected by marine policy documents 59 The appropriate marine policy documents 60 Meaning of “retained functions” etc 61 Monitoring of, and periodical reporting on, implementation 62 Validity of marine policy statements and marine plans 63 Powers of the court on an application under section 62 64 Interpretation and Crown application of this Part 65 Requirement for licence 66 Licensable marine activities 67 Applications 67A Advice and other assistance from the Welsh Ministers 68 Notice of applications 69 Determination of applications 70 Inquiries 71 Licences 72 Variation, suspension, revocation and transfer 72A Further fees chargeable where the appropriate licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers 73 Appeals against licensing decisions 73A Proceedings for questioning certain decisions under sections 70 and 71 73B Applications under section 73A: requirement for permission 74 Exemptions specified by order 75 Exemptions for certain dredging etc activities 76 Dredging in the Scottish zone 77 Oil and gas activities and carbon dioxide storage 78 Special procedure for applications relating to harbour works 79 Special procedure for applications relating to certain electricity works 79A Special procedure for applications relating to certain electricity works (Northern Ireland) 80 Electronic communications apparatus 81 Submarine cables ... 82 Structures in, over or under a main river 83 Requirements for Admiralty consent under local legislation 84 Byelaws for flood defence and drainage purposes 85 Breach of requirement for, or conditions of, a licence 86 Action taken in an emergency 87 Electronic communications: emergency works 88 Activity licensed by another State 89 Information 90 Compliance notice 91 Remediation notice 92 Further provision as to enforcement notices 93 Fixed monetary penalties 94 Fixed monetary penalties: procedure 95 Variable monetary penalties 96 Variable monetary penalties: procedure 97 Further provision about civil sanctions 98 Delegation of functions relating to marine licensing 99 Orders under section 98: supplementary provisions 100 Directions to persons as regards performance of delegated functions 101 Register 102 Notice to stop activity causing serious harm etc 103 Further provision as to stop notices 104 Emergency safety notices 105 Further provision as to emergency safety notices 106 Power to take remedial action 107 Power to test, and charge for testing, certain substances 107A Deposits on account of fees payable to the Secretary of State, the Scottish Ministers or the Welsh Ministers 107B Supplementary provision about fees payable to the Secretary of State, the Scottish Ministers or the Welsh Ministers 108 Appeals against notices 109 General defence of due diligence 110 Offences: jurisdiction 110A Fees: oil and gas activities for which marine licence needed 111 Application to the Crown 112 Amendments and transitional provision 113 The appropriate licensing authority 114 Meaning of “enforcement authority” 115 Interpretation of this Part 116 Marine conservation zones 117 Grounds for designation of MCZs 118 Further provision as to orders designating MCZs 119 Consultation before designation 120 Publication of orders designating MCZs 121 Hearings by appropriate authority 122 Amendment, revocation and review of orders designating MCZs 123 Creation of network of conservation sites 124 Report 125 General duties of public authorities in relation to MCZs 126 Duties of public authorities in relation to certain decisions 127 Advice and guidance by conservation bodies 128 Failure to comply with duties etc 129 Byelaws for protection of MCZs in England 129A Byelaws relating to exploitation of sea fisheries resources: England 129B Byelaws relating to exploitation of sea fisheries resources: English offshore region 129C Byelaws under sections 129A and 129B: supplementary 130 Byelaws: procedure 131 Emergency byelaws 132 Interim byelaws 133 Further provision as to byelaws 134 Orders for protection of MCZs in Wales 134A Orders relating to exploitation of sea fisheries resources: Wales 134B Orders relating to exploitation of sea fisheries resources: Welsh offshore region 134C Orders under sections 134A and 134B: supplementary 135 Consultation etc regarding orders under section 134 , 134A or 134B 136 Interim orders 137 Further provision as to orders made under section 134 134A, 134B or 136 137A Orders relating to exploitation of sea fisheries resources: Scottish offshore region 137B Consultation etc regarding orders under section 137A 137C Interim orders made by Scottish Ministers 137D Further provision as to orders made under section 137A or 137C 137E Orders relating to exploitation of sea fisheries resources: Northern Ireland offshore region 137F Consultation etc regarding orders under section 137E 137G Interim orders made by the Department 137H Further provision as to orders made under section 137E or 137G 138 Hearings ... 139 Offence of contravening byelaws or orders 140 Offence of damaging etc protected features of MCZs 141 Exceptions to offences under section 139 or 140 142 Fixed monetary penalties 143 Fixed monetary penalties: procedure 144 Further provision about fixed monetary penalties 145 Application to the Crown 146 Consequential and transitional provision 147 Interpretation of this Chapter 148 Marine boundaries of SSSIs and national nature reserves 149 Establishment of inshore fisheries and conservation districts 150 Inshore fisheries and conservation authorities 151 Membership and proceedings of IFC authorities 152 Amendment or revocation of orders under section 149 153 Management of inshore fisheries 154 Protection of marine conservation zones 155 Power to make byelaws 156 Provision that may be made by byelaw 157 Emergency byelaws 158 Byelaws: supplementary provision 159 Power of Secretary of State to amend or revoke byelaws 160 Byelaws: procedure 161 Inquiries 162 Evidence of byelaws 163 Offences 164 Powers of court following conviction 165 Inshore fisheries and conservation officers 166 Powers of IFC officers 167 Power to enter into agreements with eligible bodies 168 Eligible bodies 169 Variation, review and cancellation of agreements under section 167 170 Agreements under section 167: particular powers 171 Supplementary provisions with respect to agreements under section 167 172 Development, etc of fisheries 173 Provision of services by IFC authorities 174 Duty of co-operation 175 Information 176 Accounts 177 Annual plan 178 Annual report 179 Supplementary powers 180 Expenses of IFC authorities 181 IFC authority as party to proceedings 182 Exemption from liability 183 Report by Secretary of State 184 Minor and consequential amendments 185 Application to the Crown 186 Interpretation of this Chapter 187 Abolition of local fisheries committees 188 Power to make consequential or transitional provision, etc 189 Power of Welsh Ministers in relation to fisheries in Wales 190 Offences 191 Powers of court following conviction 192 Power to provide services for purposes of enforcement 193 Miscellaneous amendments 194 Size limits for sea fish 195 Regulation of nets and other fishing gear 196 Charging for commercial fishing licences 197 Grant of licences subject to conditions imposed for environmental purposes 198 Power to restrict fishing for sea fish 199 Penalties for offences 200 Offences by directors, partners, etc 201 Minor and consequential amendments 202 Power to make orders as to fisheries for shellfish 203 Variation etc of orders as a result of development 204 Purposes for which tolls etc may be applied 205 Increase in penalties for certain offences relating to fisheries for shellfish 206 Liability of master, etc where vessel used in commission of offence 207 Restrictions imposed by grantees, etc 208 Cancellation of licence after single relevant conviction 209 Register of licences 210 Protection of private shellfish beds 211 Use of implements of fishing 212 Taking of crabs and lobsters for scientific purposes 213 Orders prohibiting the taking and sale of certain lobsters 214 Power to appoint inspector before making orders as to fisheries for shellfish 215 Prohibited implements 216 Roe etc 217 Licences to fish 218 Limitation of licences 219 Authorisation to fish 220 Enforcement 221 Power to specify fish 222 Order-making powers: supplementary 223 Definitions relating to fish 224 Power to make byelaws 225 Byelaws: emergency procedures 226 Byelaws: enforcement 227 Byelaws: compensation 228 Theft of fish from private fisheries etc 229 Handling fish 230 Duties of the Environment Agency 231 Tweed and Esk fisheries 232 Keeping, introduction and removal of fish 233 Consequential and supplementary amendments 234 Repeal of spent or obsolete enactments 235 Marine enforcement officers 236 Enforcement of marine licensing regime 237 Enforcement of nature conservation or fisheries exploitation legislation 238 Enforcement of fisheries legislation 239 Marine enforcement officers as British sea-fishery officers 240 Marine licensing: oil and gas and other reserved matters 241 Marine licensing: Northern Ireland 242 Marine licensing: enforcement in Scottish offshore region 243 Enforcement of MCZs in Scottish offshore region 243A Infrastructure planning: enforcement in the Welsh inshore region 244 Interpretation of this Chapter 245 Common enforcement powers 246 Power to board and inspect vessels and marine installations 247 Power to enter and inspect premises 248 Power to enter and inspect vehicles 249 Dwellings 250 Powers of search, examination, etc 251 Power to require production of documents, etc 252 Powers of seizure, etc 253 Further provision about seizure 254 Retention of seized items 255 Power to record evidence of offences 256 Power to require name and address 257 Power to require production of licence, etc 258 Power to require attendance of certain persons 259 Power to direct vessel or marine installation to port 260 Assistance etc 261 Power to use reasonable force 262 Interpretation of this Chapter 263 Power to require information relating to certain substances and objects 264 Power to inspect and seize objects at sea 265 Reports of inspections under section 264 266 Retention of objects seized under section 264(2) 267 Disposal of objects seized under section 264 268 Power to seize fish for purposes of forfeiture 269 Power to seize fishing gear for purposes of forfeiture 270 Procedure in relation to seizure under section 268 or 269 271 Retention of property seized under section 268 or 269 272 Bonds for release of seized fish or gear 273 Power of relevant authority to sell seized fish in its possession 274 Disposal of property seized under section 268 or 269 275 Forfeiture etc of prohibited items 276 Forfeiture etc of fish failing to meet size requirements 277 Further provision about forfeiture under section 275 or 276 278 Forfeiture by court following conviction 279 Power to detain vessels in connection with court proceedings 280 Release of vessels detained under section 279 281 Power of court to order release of vessels 282 Bonds for release of vessels 283 Power of court to order repayment of bonds 284 Power to require production of certain equipment 285 Service of notices, etc 286 Conclusion of proceedings 287 Interpretation of this Chapter 288 Meaning of “enforcement officer” 289 Duty to provide evidence of authority 290 Duty to state name and purpose, etc 291 Liability of enforcement officers etc 292 Offences in relation to enforcement officers 293 Enforcement of Community rules 294 Administrative penalty schemes 295 Application to the Crown 296 The coastal access duty 297 General provision about the coastal access duty 298 The coastal access scheme 299 Review of the coastal access scheme 300 The English coast 301 River estuaries 302 Long-distance routes 303 Access to the coastal margin 304 Establishment and maintenance of the English coastal route etc 305 Restricting liabilities of Natural England and the Secretary of State 306 Occupiers' liability 307 Isles of Scilly 308 The Crown 309 Interpretation of this Part 310 Powers of National Assembly for Wales 311 Area in which functions of Natural England exercisable 312 Natural England not to be responder for Civil Contingencies Act 2004 313 Area in which functions of Countryside Council for Wales exercisable 314 Works detrimental to navigation 315 Amendments of the Harbours Act 1964 316 Regulations and orders 317 Directions 318 Offences by directors, partners, etc 319 Disapplication of requirement for consent to certain prosecutions 320 Power to make transitional provisions and savings 321 Repeals 322 Interpretation 323 Extent 324 Commencement 325 Short title Schedule 1 The Marine Management Organisation Schedule 2 Minor and consequential amendments relating to the MMO Schedule 3 Transfer schemes Schedule 4 Exclusive economic zone and Welsh zone: consequential amendments Schedule 5 Preparation of an MPS or of amendments of an MPS Schedule 6 Marine plans: preparation and adoption Schedule 7 Further provision about civil sanctions under Part 4 Schedule 8 Licensing: minor and consequential amendments Schedule 9 Licensing: transitional provision relating to Part 4 Schedule 10 Further provision about fixed monetary penalties under section 142 Schedule 11 Consequential amendments relating to MCZs Schedule 12 Transitional provision relating to MCZs Schedule 13 Marine boundaries of SSSIs and national nature reserves Schedule 14 Inshore fisheries and conservation authorities: amendments Schedule 15 Sea Fish (Conservation) Act 1967: minor and consequential amendments Schedule 16 Migratory and freshwater fish: consequential and supplementary amendments Schedule 17 Warrants issued under section 249 Schedule 18 Forfeiture of property under section 275 or 276 Schedule 19 Schedule 1A to the National Parks and Access to the Countryside Act 1949 Schedule 20 Establishment and maintenance of the English coastal route etc Schedule 21 Amendments of the Harbours Act 1964 Schedule 22 Repeals
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As published
191 Powers of court following conviction
(1) This section applies where a person is convicted of an offence under section 190.
(2) The court by which the person is convicted may order the forfeiture of—
(a) any fishing gear used in the commission of the offence;
(b) any sea fisheries resources in respect of which the offence was committed.
(3) The power conferred by subsection (2) to order the forfeiture of any sea fisheries resources includes power to order the forfeiture of any container in which the resources are being kept.
(4) The court may, instead of ordering the forfeiture of any fishing gear or any sea fisheries resources, order the person to pay a sum of money representing the value of the fishing gear or resources.
(5) In a case where the offence involved the breach of a condition of a permit granted by the Welsh Ministers, the court may—
(a) suspend the permit, or
(b) disqualify the person from holding or obtaining any such permit relating to any activity to which that permit related,
for such period as the court thinks fit.
(6) In this section “sea fisheries resources” has the same meaning as in Chapter 1 of this Part (see section 153).
Your wording
Your change, as a redline
191 Powers of court following conviction
(1) This section applies where a person is convicted of an offence under section 190.
(2) The court by which the person is convicted may order the forfeiture of—
(a) any fishing gear used in the commission of the offence;
(b) any sea fisheries resources in respect of which the offence was committed.
(3) The power conferred by subsection (2) to order the forfeiture of any sea fisheries resources includes power to order the forfeiture of any container in which the resources are being kept.
(4) The court may, instead of ordering the forfeiture of any fishing gear or any sea fisheries resources, order the person to pay a sum of money representing the value of the fishing gear or resources.
(5) In a case where the offence involved the breach of a condition of a permit granted by the Welsh Ministers, the court may—
(a) suspend the permit, or
(b) disqualify the person from holding or obtaining any such permit relating to any activity to which that permit related,
for such period as the court thinks fit.
(6) In this section “sea fisheries resources” has the same meaning as in Chapter 1 of this Part (see section 153).
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